New Orleans, Fort Jackson & Grand Isle Railroad v. Rabasse
Supreme Court of Louisiana
APPEAL from the Twenty-fourth District Court, Parish of Plaque-mines. Livaudais, J. Defendant can not remove a cause to the United States Court on the ground of local prejudice, unless he alleges that he could not obtain justice in the court a quo, or in any other State court, to which the defendant had a right under the present State law to remove this cause. Act of Congress, August 13,1888; Secs. 3901 to 3910, R. S. of La.
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APPEAL from the Twenty-fourth District Court, Parish of Plaque-mines. Livaudais, J. Defendant can not remove a cause to the United States Court on the ground of local prejudice, unless he alleges that he could not obtain justice in the court a quo, or in any other State court, to which the defendant had a right under the present State law to remove this cause. Act of Congress, August 13,1888; Secs. 3901 to 3910, R. S. of La. The bond for removal must be framed in accordance with the above law. Evidence taken without objection on the trial of the application to remove will constitute part of…
1Opinion of the Court
*179The opinion of the court was delivered by
Breaxjx, J.
This suit was brought to expropriate a road over the land of defendant. The land sought to be expropriated is part of a ■tract measuring five arpents front on the Mississippi riv6r, by forty arpents in depth.
Plaintiff avers that it- measures twenty-five feet in width and in all contains eighty-three one-hundredths of an acre, for which the company offered fifty dollars, and claims the increased value to defendant’s property, resulting from the building of the railroad, as an offset for any damage sustained by him.
Plaintiff, in the petition,…
2Cases cited1 opinion
- Meyer v. Construction CompanySupreme Court of the United States · 1879
3Cited by6 opinions
- City of Shreveport v. PedroSupreme Court of Louisiana · 1930
- Kansas City, Shreveport & Gulf Railway Co. v. Heirs of SmithSupreme Court of Louisiana · 1899
- Hayes v. ToddSupreme Court of Florida · 1894
- Morgan's Louisiana & T. R. & S. S. Co. v. John T. Moore Planting Co.Supreme Court of Louisiana · 1912
- City of Shreveport v. HerndonSupreme Court of Louisiana · 1931
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